Excelsior Correspondent
JAMMU, July 11: The High Court of Jammu & Kashmir and Ladakh has rejected a bail application in a narco-terrorism case, observing that there is prima facie material suggesting the accused was involved in drug trafficking and activities aimed at disturbing national security.
The court also expressed concern over procedural lapses by the trial court and the inaction of the prosecution.
A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem passed the order while dismissing the bail plea of Arshad Ahmed Allaie, who was arrested in May 2019 along with Fayaz Ahmed Dar after heroin weighing 260 grams and a large amount of cash were recovered from their vehicle in Jammu.
Writing the judgment, Justice Azeem said that given the nature of the allegations and the quantity of contraband recovered-classified as a commercial quantity under entry 56 of the NDPS Act-the rigours of Section 37 were clearly attracted.
The court held that at this stage, bail could not be granted in light of the available evidence and the gravity of the offence.
The Bench expressed dismay over the trial court’s decision to grant bail to the co-accused without considering whether the seized heroin met the threshold for commercial quantity, and without applying the mandatory provisions of the NDPS Act.
It also criticised the trial court’s assumption that the trial may not conclude within ten years, calling the observation “unwarranted” and contrary to circulars issued by the High Court for the speedy disposal of cases.
The court said such an approach called for remedial measures and directed that the matter be placed before the Chief Justice for appropriate action.
It also noted that the prosecution had failed to challenge the erroneous bail order passed in favour of the co-accused, and recommended that the issue be referred to the Director General of Police for corrective steps.
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